Section 8: Compulsory retirement

8. Compulsory retirement (1) (a) An officer appointed on or after 1 July 2008 shall retire from the service on reaching the age of 65. (b) Subject to subsections (2) and (3), an officer appointed before 1 July 2008 and who has opted for the pensions provisions effective as from 1 July 2008— (i) but born between 1 July 1948 and 31 July 1953, shall retire from the service— (A) on reaching the age of 60; or (B) on the appropriate new retirement date specified in the second column of the Third Schedule corresponding to the appropriate month and year of birth specified in the first column of that Schedule; P6 – 7 [Issue 6] Pensions Act (ii) but born on or after 1 August 1953, shall retire from the service on reaching the age of 65. (2) An officer appointed before 1 July 2008 but who has not opted for the pension provisions effective as from 1 July 2008, shall retire from the service on reaching the age of 60. (3) The President may require an officer to retire— (a) in the case of an officer appointed on or after 1 July 2008— (i) on or after attaining the age of 60; or (ii) on or after attaining the age of 55, in special cases; (b) in the case of an officer who has opted for the pension provisions effective as from 1 July 2008— (i) on or after attaining the age of 55, on the appropriate new retirement date specified in the second column of the First Schedule corresponding to the appropriate month and year of birth specified in the first column of that Schedule; or (ii) on or after attaining the age of 50, in special cases, with the approval of the President, on the appropriate new retirement date specified in the second column of the Second Schedule corresponding to the appropriate month and year of birth specified in the first column of that Schedule; (c) in the case of an officer who has not opted for the pension provisions effective as from 1 July 2008— (i) on or after attaining the age of 55; or (ii) on or after attaining the age of 50, in special cases, with the approval of the President; (d) in the case of a member of a disciplined force or any officer of the Correctional Youth Centre or Rehabilitation Youth Centre appointed— (i) before 1 July 2008, on or after completing, in the aggregate, 25 years of pensionable service in the disciplined force or in the Correctional Youth Centre or Rehabilitation Youth Centre, as the case may be; or (ii) on or after 1 July 2008, on or after completing, in the aggregate, 28¾ years of pensionable service in the disciplined force or in the Correctional Youth Centre or Rehabilitation Youth Centre, as the case may be; (e) in the case of overmanning, on or after attaining the age of 45. (4) An officer who has attained the age of 60 or the appropriate new retirement date specified in the second column of the Third Schedule corresponding to the appropriate month and year of birth specified in the first column of that Schedule may, with the approval of the appropriate Service Commission, be allowed to remain in service beyond the age of 60, but not [Issue 6] P6 – 8 Revised Laws of Mauritius beyond the age of 65, where Government considers that the continuation of his services would be in the interest of the public service. [S. 8 amended by s. 23 of Act 48 of 1991 w.e.f. 12 March 1991; s. 8 of Act 31 of 1993 w.e.f. 1 July 1993; s. 15 (c) of Act 18 of 2003 w.e.f. 21 July 2003; s. 5 of Act 24 of 2003 w.e.f. 1 July 2003; repealed and replaced by s. 27 (e) of Act 18 of 2008 w.e.f. 1 July 2008; amended by s. 17 (c) beyond the age of 60, but not [Issue 6] P6 – 8 Revised Laws of Mauritius beyond the age of 65, where Government considers that the continuation of his services would be in the interest of the public service. [S. 8 amended by s. 23 of Act 48 of 1991 w.e.f. 12 March 1991; s. 8 of Act 31 of 1993 w.e.f. 1 July 1993; s. 15 (c) of Act 18 of 2003 w.e.f. 21 July 2003; s. 5 of Act 24 of 2003 w.e.f. 1 July 2003; repealed and replaced by s. 27 (e) of Act 18 of 2008 w.e.f. 1 July 2008; amended by s. 17 (c) of Act 1 of 2009 w.e.f. 1 July 2008.]